Legal Opinion

Woolsey v. . Funke

New York Court of Appeals

Decided April 15, 1890PublishedCited by 66 opinions

Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 24, 1888, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial without a jury. The nature of the action and the facts are sufficiently stated in the opinion. In all maritime transactions expedition is of the utmost importance.

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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 24, 1888, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial without a jury. The nature of the action and the facts are sufficiently stated in the opinion. In all maritime transactions expedition is of the utmost importance. If either party is not heady at the time appointed for loading, the other may seek another ship or cargo. (Abbott on Shipping, 249, 271; Kent’s Comm. [9th ed.] 279; Weisser v. Maitland, 3 Sandf. 318;…

1Opinion of the CourtPeckham, J.

The defendant appeals from an affirmance by the General Term, of a judgment against him in favor of plaintiffs in this action, which is brought to recover the damages plaintiffs allege they have sustained by reason of defendant’s violation of a charter-party entered into between them for the hiring of the steamer Emeline. The boat was chartered for the purpose of transporting passengers between Flew York and College Point, on Long Island. The agreement was made on the 12th of February, 1887, and the defendant’s possession of the boat was to commence on the twenty-first of May and terminate on…

2Cases cited1 opinion

  1. Insurance Co. v. DutcherSupreme Court of the United States · 1877

3Cited by66 opinions

  1. Beacon Terminal Corp. v. Chemprene, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
  2. Crossman v. BurrillSupreme Court of the United States · 1900
  3. Division of the Triple T Service, Inc. v. Mobil Oil Corp.Appellate Division of the Supreme Court of the State of New York · 1969
  4. Sattler v. . HallockNew York Court of Appeals · 1899
  5. Nicoll v. . SandsNew York Court of Appeals · 1892

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